Terms & Conditions

SUMMARY

Please read the following Terms and Conditions before placing your order. When you place an order you will be asked to confirm that you have read and agreed to these Terms and Conditions. You will not be able to proceed with the order if you do not agree to these Terms and Conditions. If your order is accepted, they will be part of a legally binding contract between Superdrug Opticians and you ("the Buyer"). A contract will be made when Superdrug Opticians accepts an order.

http://opticians.superdrug.com is a website and service operated by Select Specs Limited. We are registered in England and Wales under company number 6435182 and have our registered office and trading address at Lockwoods Yard, The Grove, Westgate-on-Sea, Kent, CT8 8AS.

These Terms and Conditions include information which Superdrug Opticians is required to provide to the Buyer under consumer protection law before entering into a contract. Where an order is placed through Superdrug Opticians' website, the Buyer should print out a copy of the order and these Terms and Conditions so as to keep a permanent paper copy.

The contract will consist of the order, Superdrug Opticians’ confirmation of the order and these Terms and Conditions. The Buyer should therefore print out the confirmation of the order when the Buyer receives it. The Buyer must also print out these Terms and Conditions at that stage if that was not done when placing the order.

The main characteristics of the Goods, the price of the Goods and the delivery charge for shipping and packing are stated on Superdrug Opticians’ website. The Contract Price will be the price and delivery charge as stated on the website at the time of the order, plus VAT where applicable, subject to correction or cancellation of the order at the option of the Buyer in the event of any mistake in the price stated on the website. The description of the Goods and the Contract Price will be stated in the order and confirmed in the confirmation of the order. The Buyer will be required to pay the Contract Price in full before the Goods are dispatched to the Buyer.

The Buyer has the right to cancel the contract, without giving any reason, at any time before the end of 14 working days after delivery, under Paragraph 18 of these Terms and Conditions and in accordance with the Consumer Protection (Distance Selling) Regulations 2000.

In the case of a defect in any Goods, or if any Goods do not match the description or other requirements of the contract, the Buyer will have the right to obtain a refund, or, at the option of the Buyer, the repair or replacement of the Goods in accordance with Paragraphs 24 to 28 of these Terms and Conditions.

Superdrug Opticians can be contacted by writing to its business address at Lockwoods Yard, The Grove, Westgate-on-Sea, Kent CT8 8AS; or by fax to +44-(0)1843 833247; or by email via our Contact Us page.

1. CONTRACT:

These Terms and Conditions apply to any contract for the sale of a product (“the Goods”) by Superdrug Opticians to a customer ("the Buyer"). They apply to a consumer sale where the Buyer is a person who is not entering into the contract for a commercial purpose in the course of a business. Superdrug Opticians and the Buyer are referred to together as "the Parties". All references to “Paragraphs” relate to Paragraphs in these Terms and Conditions.

2. ACCEPTANCE OF AN ORDER:

For the purposes of contract law, the advertising or display of information relating to any Goods on Superdrug Opticians’ website is not an offer for sale but an invitation to a prospective Buyer to offer to buy those Goods. The placing of an order is treated as an offer to buy the Goods stated in the order. The Parties do not enter into a contract until Superdrug Opticians accepts an order. Acceptance will occur when Superdrug Opticians sends an automated confirmation to the Buyer through this website or by email, at the moment when that confirmation is sent to the Buyer.

3. CONTRACT DOCUMENTS:

The contract will consist of the order, Superdrug Opticians' confirmation of the order and these Terms and Conditions. If the Buyer wishes to change any matter or information that was stated in the order or which is set out in Superdrug Opticians’ confirmation of the order, the Buyer must contact Superdrug Opticians by email as soon as possible after receiving the confirmation, since any change will be a variation of the contract which will require the agreement of Superdrug Opticians and Superdrug Opticians might already have begun to process the order. The Buyer must notify Superdrug Opticians of any change of address by email as soon as possible if he wishes to change the address for delivery.

4. STATUS OF BUYER:

The buyer must be at least 16 years of age in order to enter into a contract with Superdrug Opticians. For the purchase of prescription spectacles or lenses, the Buyer must not be registered blind or partially sighted, and must not order on behalf of any person who is under 16 years of age.

5. DESCRIPTION OF GOODS:

The main characteristics of the Goods are stated on Superdrug Opticians' website. For the purposes of the contract, the Goods will be identified in the order and the description will be taken to include the main characteristics stated on Superdrug Opticians' website.

6. PRESCRIPTIONS FOR SPECTACLE LENSES:

In cases where the Buyer is ordering prescription glasses, or prescription lenses to be fitted into the Buyer’s existing glasses, the Buyer must provide Superdrug Opticians with complete and accurate details of the prescription for each lens and any other details or notes that have been included in a prescription given to the Buyer by a registered medical practitioner, registered ophthalmic optician or registered optometrist. The prescription must have been given to the Buyer following a sight test within the last two years. If the Buyer is not sure of the appropriate prescription for each lens, the Buyer must consult a registered medical practitioner, registered ophthalmic optician or registered optometrist before placing an order. Similarly, the Buyer must provide Superdrug Opticians with an accurate measurement of the pupillary distance for the spectacles. Superdrug Opticians may require the Buyer to provide Superdrug Opticians with a copy of the Buyer’s prescription at any stage during the performance of the contract, including the time when Superdrug Opticians processes the order or considers any claim by the Buyer that the Goods have been damaged in transit or delivered in a defective condition or that for any other reason they do not comply with the requirements of the contract. In all cases the prescription details stated by the Buyer in the order will be used in making the lenses unless the Parties agree to an amendment.

7. CHANGES IN ADVERTISED PRICES:

Prices stated on Superdrug Opticians' website or in any advertising material published by Superdrug Opticians may be altered by Superdrug Opticians from time to time, in particular to take account of any increase in Superdrug Opticians' costs in obtaining the Goods from the manufacturer or supplier or any increase in Superdrug Opticians’ production costs.

8. CONTRACT PRICE:

The "Contract Price" will be the price of the Goods as stated on Superdrug Opticians’ website at the time when the Buyer places the order, plus Superdrug Opticians’ shipping charge for shipping, packing and delivery by means of the appropriate mail service depending on the location of the place where the Goods are dispatched and the address for delivery, and Value Added Tax where applicable at the rate applying at that time. If the price or shipping charge stated in the order or in the confirmation of the order is not as stated on the website at the time of placing the order, it will not be binding on the Parties and Superdrug Opticians will contact the Buyer to give the Buyer the choice of correcting the mistake or not proceeding with the order. Having regard to the large volume of items listed on the website, it is not possible for Superdrug Opticians to avoid a mistake occurring in the statement of the price from time to time. Superdrug Opticians takes all reasonable action to ensure that prices stated on the website are accurate. In the event of any accidental error in stating the price, Superdrug Opticians will be under no obligation to fulfil the order at that price. Superdrug Opticians will inform the Buyer of the mistake as soon as possible and the Buyer will have the option of confirming the order at the correct price or cancelling the order. In the event of such cancellation, Superdrug Opticians will refund any payment made by the Buyer promptly in full.

9. PAYMENT:

The Buyer must pay the Contract Price in full in cleared funds before the Goods are dispatched to the Buyer. Superdrug Opticians will be entitled to full payment even though the ownership of the Goods has not yet passed to the Buyer.

10. METHOD OF PAYMENT:

Payment may be made by any means of payment which is stated on Superdrug Opticians’ website as being acceptable. Where the Buyer provides information for payment by debit card or credit card or other electronic means of payment, Superdrug Opticians may take payment of the Contract Price when the Goods are ready to be dispatched and will send written confirmation to the Buyer that the payment has been taken.

11. AVAILABILITY:

All products advertised on Superdrug Opticians’ website are subject to availability. If, for any reason beyond Superdrug Opticians’ reasonable control, Superdrug Opticians is not able to supply the Goods specified in the order because the Goods are no longer available to Superdrug Opticians from the manufacturer or supplier, the Buyer will not be charged for the Goods and Superdrug Opticians will refund any payment of the Contract Price already made by the Buyer. In those circumstances Superdrug Opticians will not be liable to make any other payment to the Buyer and in particular will not be liable for any loss or damage suffered by the Buyer as a result of the failure to supply the Goods. Alternatively, Superdrug Opticians may offer and the Buyer may agree to accept other Goods by way of a variation of the contract, including any consequent variation to the Contract Price. The above provisions of this Paragraph also apply where a product is advertised on the website as being of limited availability at a specially discounted price and supplies of such a product are no longer available to Superdrug Opticians from the manufacturer or supplier at a reduced price. In such a case, the Buyer may have the option of purchasing similar or other Goods at the normal price or receiving a refund. In a case where the Buyer provides Superdrug Opticians with his existing glasses for Superdrug Opticians to fit new prescription lenses into the frames, Superdrug Opticians gives no undertaking that the lenses requested by the Buyer can be fitted into those frames. If it appears to Superdrug Opticians, on examining the Buyer’s existing glasses, that the lenses requested cannot be fitted or are otherwise not suitable for those frames, and the Parties do not agree that other lenses or any other Goods will be supplied by way of variation of the contract, Superdrug Opticians will return the Buyer’s existing glasses to the Buyer at its own cost, unless it was unreasonable for the Buyer to request the lenses specified in the order. If it was unreasonable for the Buyer to do so, Superdrug Opticians will be entitled to charge the Buyer for Superdrug Opticians’ reasonable shipping costs in returning them to the Buyer by means of an appropriate mail service determined by Superdrug Opticians. In all cases, Superdrug Opticians will not be obliged to refund the shipping costs paid by the Buyer in sending his existing glasses to Superdrug Opticians for new prescription lenses to be fitted, whether new lenses are fitted or not.

12.CHANGES MADE BY MANUFACTURER:

Superdrug Opticians will take all reasonable steps to ensure that the Goods supplied to the Buyer match the description referred to in Paragraph 5. However, Superdrug Opticians might be unable to supply Goods of that description because of changes made by the manufacturer which are beyond the control of Superdrug Opticians. The following provisions will then apply:-

(a) If the manufacturer makes any minor change in the design or technical specification of the Goods, which might be done, for example, to improve the construction or performance of the Goods, Superdrug Opticians may supply the Goods as changed even though they do not correspond exactly with the description specified in the order, provided that there is no significant difference in the appearance, performance or quality of the Goods supplied, that they are equivalent for all purposes in using the Goods, that they are of equivalent or superior value and that there is no increase in the Contract Price. In these circumstances, Superdrug Opticians will inform the Buyer of the minor change made by the manufacturer and the Buyer will be bound to accept the Goods as changed, subject to the Buyer’s right to cancel the contract where that right is available to the Buyer under Paragraph 18.

(b) If the manufacturer makes any significant change in the design or technical specification of the Goods which prevents Superdrug Opticians from supplying Goods which correspond exactly with the description specified in the order, Superdrug Opticians may offer the Buyer similar Goods as an alternative, provided that the alternative Goods are of equivalent standard of performance and quality and that they are equivalent for all purposes in using the Goods. In these circumstances, Superdrug Opticians will inform the Buyer as soon as reasonably practicable once Superdrug Opticians is aware of the change. If the Buyer is not willing to accept alternative Goods, the Buyer will not be charged for the Goods and Superdrug Opticians will refund any payment of the Contract Price already made by the Buyer. If the Buyer chooses to receive alternative Goods of a higher or lower price than the Goods originally ordered, the Buyer will pay an appropriate further sum to Superdrug Opticians or Superdrug Opticians will refund an appropriate sum to the Buyer. The Buyer will still have the right to cancel the contract where that right is available to the Buyer under Paragraph 18.

13. DELIVERY DATE:

Superdrug Opticians will take all reasonable steps to ensure that the Goods are delivered to the Buyer as soon as they are available and in any event within 30 days after acceptance of the order. However, delays may occur in Superdrug Opticians obtaining the Goods from the manufacturer or supplier, or in producing prescription glasses or lenses, for reasons which are outside Superdrug Opticians’ control. If Superdrug Opticians becomes aware of any matter which indicates that delivery may be delayed beyond the period of 30 days after acceptance of the order, Superdrug Opticians will immediately inform the Buyer within that period. In any case where Superdrug Opticians expects that delivery can be achieved within 45 days after acceptance of the order, Superdrug Opticians may extend the latest date for delivery to 45 days on notifying the Buyer, without requiring the Buyer’s agreement at that stage. In any other case, Superdrug Opticians may invite the Buyer to agree to a period for delivery longer than 45 days. If a longer period is agreed, Superdrug Opticians will send notice of confirmation of the agreement to the Buyer. If the Buyer is not willing to accept a longer period, the Buyer may cancel the contract and in those circumstances the Buyer will not be charged for the Goods and Superdrug Opticians will refund any payment of the Contract Price already made by the Buyer.

14. DELIVERY:

All designer brand name products are shipped from United Kingdom and no extra VAT or taxes are payable for delivery of these products within EU. However, all promotional and budget products are shipped to the Buyer directly from Hong Kong so, where applicable, the Buyer will be treated as the private importer of these products and the Buyer will be responsible for payment of any import duties or taxes. Buyers in countries outside of the EU will be responsible for any payment that may be due for local import duties or taxes on all of our products. Superdrug Opticians will notify the Buyer when the Goods are ready to be dispatched. Superdrug Opticians will ensure that they are packed safely and securely to protect them in transit and that they are marked in a proper manner and in accordance with any legal requirements and any requirements of the carrier. The Goods will normally be sent by the appropriate mail service depending on the location of the place where they are dispatched and the place where they are to be delivered. Delivery will be taken to have occurred when the Goods are delivered to the address stated by the Buyer in the order.

15. OWNERSHIP AND RISK:

All risk as to loss of or damage to the Goods will pass to the Buyer on delivery to the address stated in the order. Legal ownership of the Goods will pass to the Buyer immediately before we despatch the product provided that Superdrug Opticians has received payment of the Contract Price in full in cleared funds and no other payments are outstanding from the Buyer in respect of any other Goods supplied by Superdrug Opticians. In a case where the Buyer provides Superdrug Opticians with his existing glasses for Superdrug Opticians to measure the pupillary distance, or for Superdrug Opticians to fit new prescription lenses into the frames, the risk as to loss of or damage to those glasses or frames remains the Buyer’s risk unless Superdrug Opticians has failed to take reasonable care of them. The Buyer must recognise that, since spectacle frames which are not new are more brittle or more fragile than new frames, breakages can occur when fitting new lenses into them. Superdrug Opticians will only be liable to compensate the Buyer for loss of or damage to the Buyer’s existing glasses or frames if Superdrug Opticians has failed to take reasonable care in handling them or in fitting new lenses, or has failed to ensure that they are packed safely and securely to protect them in transit when returning them to the Buyer. In all cases, Superdrug Opticians will not be obliged to refund the shipping costs paid by the Buyer in sending his existing glasses to Superdrug Opticians, whether this is done for Superdrug Opticians to measure the pupillary distance, or to fit new prescription lenses, or for any other reason.

16. EXAMINATION ON DELIVERY:

The Buyer must examine the Goods as soon as reasonably practicable after delivery and preferably within 3 working days to check that they are the correct Goods to be supplied under the contract and are not damaged. If the Goods appear to be incorrect, the Buyer must not use them. The Buyer must inform Superdrug Opticians as soon as reasonably practicable and must return them to Superdrug Opticians in accordance with Paragraphs 24 to 29.

17. DAMAGE OR LOSS IN TRANSIT:

The Buyer must inform Superdrug Opticians as soon as reasonably practicable if the Goods are not delivered by the expected date or if they appear to have been damaged in the course of delivery to the Buyer. In the case of Goods which appear to be damaged, the Buyer must return the Goods to Superdrug Opticians together with all the original packaging. Superdrug Opticians will examine the Goods and if Superdrug Opticians accepts that they were damaged in transit, Superdrug Opticians will repair or replace the Goods (at the option of Superdrug Opticians) without charge and will refund the reasonable shipping costs paid by the Buyer in returning them to Superdrug Opticians. In the case of Goods which appear to have been lost in transit, the Buyer will be required to complete a non-delivery report form provided by Superdrug Opticians. Superdrug Opticians will investigate the matter and may make inquiries with the carrier to determine whether the Goods have been lost. If Superdrug Opticians finds that the Goods have been lost in transit, Superdrug Opticians will replace them without charge, except in case where Paragraph 11 (Availability) or Paragraph 12 (Changes made by Manufacturer) applies, in which case the provisions of those Paragraphs will apply, or where the Parties agree that Superdrug Opticians will refund any payment of the Contract Price already made by the Buyer instead of replacing the lost Goods.

18. CANCELLATION:

The Buyer will have the right to cancel the contract at any time before the end of 14 working days beginning with the day after the Goods are delivered to the Buyer, without giving any reason for cancelling it. This right is given to the Buyer by the Consumer Protection (Distance Selling) Regulations 2000. To exercise the right of cancellation in cases where the right exists, the Buyer must send written notice of cancellation to Superdrug Opticians before the end of the period of 14 working days referred to above, by post or by fax or by email, stating that the Buyer is cancelling the contract. The day on which the notice of cancellation is posted or sent by fax or email will be treated as the day on which notice of cancellation is given. Paragraphs 19 to 21 apply in such cases.

19. RETURN OF GOODS ON CANCELLATION:

On cancelling the contract under Paragraph 18, the Buyer will be under a duty to take reasonable care of the Goods, if they have been delivered, and to return them to Superdrug Opticians at the Buyer’s expense as soon as reasonably practicable. The Buyer must not use the Goods if he chooses to cancel the contract, since the purpose of cancellation is to restore both Parties to the position they would have been in if the contract had not been made. In returning the Goods, all risk as to loss of or damage to the Goods will be the Buyer’s risk until they are received by Superdrug Opticians. Superdrug Opticians will not be required to refund the shipping costs paid by the Buyer, except in a case where Superdrug Opticians has supplied alternative Goods under Paragraph 12(b), in which case Superdrug Opticians will refund the Buyer’s reasonable shipping costs provided that the Buyer is entitled to a refund of the Contract Price under Paragraph 20.

20. REFUND AFTER CANCELLATION:

Superdrug Opticians will examine the Goods as soon as reasonably practicable after they have been returned by the Buyer. Provided that the Goods are complete and have not been used or damaged between delivery and their return by the Buyer, Superdrug Opticians will refund the whole of the Contract Price to the Buyer, including the original delivery charge and Value Added Tax. The refund will be made promptly and no later than 30 days after the notice of cancellation was given.

21. RETURN OF GOODS TO BUYER AFTER CANCELLATION:

If the Goods have been used or damaged between delivery to the Buyer and their return to Superdrug Opticians, the Buyer will not be entitled to any refund of the Contract Price under Paragraph 20. Unless otherwise agreed between the Parties, Superdrug Opticians will then return the Goods to the Buyer and will be entitled to charge the Buyer for Superdrug Opticians’ reasonable shipping costs in returning them to the Buyer by means of an appropriate mail service determined by Superdrug Opticians.

22. MANUFACTURER'S WARRANTY:

Superdrug Opticians will supply the Goods to the Buyer with the benefit of any warranty given by the manufacturer. The terms of any such warranty will be taken to be included in the contract between Superdrug Opticians and the Buyer. Any Goods which fail to meet the standards provided by the manufacturer’s warranty must be returned to Superdrug Opticians, at Superdrug Opticians’ expense by refunding the reasonable shipping costs paid by the Buyer, for repair, replacement or refunding the Contract Price in accordance with the terms of the warranty. If the Goods are not defective within the terms of the warranty, they will be returned to the Buyer at the Buyer’s expense, unless any other provisions of these Terms and Conditions give the Buyer a right to reject the Goods or to cancel the contract under Paragraph 18.

23. QUALITY AND FITNESS:

The Goods will be of satisfactory quality and will be fit for all the purposes for which Goods of the kind in question are normally supplied. These are requirements made by the Sale of Goods Act 1979. The quality of the Goods includes their state and condition, appearance and finish, freedom from minor defects, durability and safety. Superdrug Opticians does not provide any services by way of maintenance or repair of the Goods once they have been supplied to the Buyer in good condition and in compliance with all other requirements of the contract. Superdrug Opticians will not be liable for any damage to the Goods caused by any misuse, mistreatment or other failure to take care of the Goods by the Buyer or any other person following delivery.

24. REJECTION BY REASON OF DEFECTS:

The Buyer may reject the Goods in the case of any defect in workmanship or materials or any other matter resulting in the Goods not being of satisfactory quality or reasonably fit for the purpose for which such Goods are normally supplied, or in the event that the Goods do not comply with the requirements of the contract in any other respect, including any failure to correspond with the description required by the contract. In the case of prescription glasses or lenses, this includes any case where it appears to the Buyer that the prescription of the lenses does not match the prescription stated in the order. If the Buyer considers that the Goods are defective or do not comply with the requirements of the contract, the Buyer must inform Superdrug Opticians as soon as reasonably practicable after discovering the defect. Paragraphs 25 to 29 apply in such cases.

25. RETURN OF REJECTED GOODS:

If the Buyer rejects the Goods in accordance with Paragraph 24, the Buyer must return them to Superdrug Opticians as soon as reasonably practicable after discovering the defect. If the Buyer is found to be entitled to a refund of the Contract Price in accordance with Paragraph 27, Superdrug Opticians will refund the reasonable shipping costs paid by the Buyer in returning the Goods to Superdrug Opticians, as stated in Paragraph 27.

26. EXAMINATION OF REJECTED GOODS:

Superdrug Opticians will examine the Goods as soon as reasonably practicable after they have been returned by the Buyer. If it appears to Superdrug Opticians, or any expert consulted by Superdrug Opticians, that there was no defect in the Goods or failure to comply with the requirements of the contract when they were delivered to the Buyer and the Buyer disagrees with that opinion, the Parties may appoint an independent expert to examine the Goods and report to the Parties as to the condition of the Goods or any other matter which caused the Buyer to reject them.

27. REFUND IN THE CASE OF DEFECTIVE GOODS:

Where Superdrug Opticians agrees that the Goods were defective or failed to comply with the requirements of the contract when they were delivered to the Buyer, or an independent expert appointed by the Parties reports that they were defective or failed to comply with the requirements of the contract, Superdrug Opticians will refund the full Contract Price to the Buyer promptly and in any event within 30 days after the Goods are confirmed as defective by Superdrug Opticians or by the independent expert. Superdrug Opticians will also refund the reasonable shipping costs paid by the Buyer in returning the Goods to Superdrug Opticians.

28. REPAIR OR REPLACEMENT OF DEFECTIVE GOODS:

This Paragraph applies as an alternative to a refund of the Contract Price under Paragraph 27. At the option of the Buyer, Superdrug Opticians may repair the Goods, replacing any part as necessary, where it is practicable for Superdrug Opticians to do so, and return the Goods to the Buyer. If the Goods supplied are prescription glasses or new prescription lenses fitted to the Buyer’s existing frames, at the option of Superdrug Opticians, Superdrug Opticians may refund or repair or replace the defective Goods and return the Goods to the Buyer. As a further alternative, at the option of the Buyer, Superdrug Opticians may replace the defective Goods with other Goods which comply with the requirements of the contract, where such Goods are available to Superdrug Opticians, or with any other Goods which are available to Superdrug Opticians and acceptable to the Buyer. If the Buyer chooses to receive replacement Goods of a higher or lower price than the Goods originally ordered under the contract, the Buyer will pay an appropriate further sum to Superdrug Opticians or Superdrug Opticians will refund an appropriate sum to the Buyer. Where the Goods are repaired or replaced under this Paragraph, Superdrug Opticians will refund the reasonable shipping costs paid by the Buyer in returning the Goods to Superdrug Opticians and will pay the cost of returning the repaired Goods or delivering replacement Goods to the Buyer.

29. RETURN OF NON-DEFECTIVE GOODS:

Where the Parties agree that there was no defect in the Goods or failure to comply with the requirements of the contract when they were delivered to the Buyer, or where an independent expert appointed by the Parties reports that there was no defect or failure when they were delivered to the Buyer, Superdrug Opticians will return the Goods to the Buyer and will not be required to refund the shipping costs paid by the Buyer in returning them to Superdrug Opticians. Superdrug Opticians will be entitled to charge the Buyer for the actual and reasonable costs of examining the Goods, including the cost of any examination by an independent expert. Superdrug Opticians will also be entitled to charge the Buyer for the cost of any repair or replacement of parts carried out by Superdrug Opticians at the request of the Buyer and the reasonable cost of returning the Goods to the Buyer by means of an appropriate mail service determined by Superdrug Opticians.

30. PATENTS AND TRADE MARKS:

Superdrug Opticians will take all necessary action to ensure that the sale of the Goods to the Buyer will not infringe any third party’s intellectual property rights, namely any patents, trade marks, service marks, design rights, copyright, trade or business names or other similar rights, whether or not such rights are registrable in the United Kingdom. Superdrug Opticians will take legal responsibility to pay all sums which the Buyer would be liable to pay, including all reasonable costs incurred by the Buyer, in respect of any claims made against the Buyer where the possession of the Goods involves any actual or alleged infringement of the intellectual property rights of any third party.

31. PERSONAL INJURY LIABILITY:

Superdrug Opticians will pay appropriate compensation in respect of any death or personal injury which is caused by any defect in the Goods or any negligent or other unlawful act or omission by Superdrug Opticians. This includes Superdrug Opticians taking legal responsibility to pay all sums which the Buyer would be liable to pay, and all reasonable costs incurred by the Buyer, in respect of any claims made against the Buyer by any other person.

32. GENERAL LIABILITY OF Superdrug Opticians:

Superdrug Opticians will be liable for any losses or expenses reasonably incurred by the Buyer which are the reasonably foreseeable result of a breach of these Terms and Conditions by Superdrug Opticians or any other unlawful act or omission by Superdrug Opticians. In the case of any defect in the Goods where no personal injury is caused, the liability of Superdrug Opticians will normally be limited to the amounts stated as being payable by Superdrug Opticians under Paragraphs 27 and 28, namely the full Contract Price and the refund of any reasonable shipping costs paid by the Buyer in returning the Goods. Superdrug Opticians will not be liable for any indirect loss such as any additional costs incurred by the Buyer in obtaining another product from another source, or any other loss or expenses incurred by the Buyer by being prevented from using the Goods from the expected date of delivery or at any time after that date. Refunds will be by the same method of payment made by the Buyer when paying for the original order.

33. CONFIDENTIALITY:

Superdrug Opticians will treat as confidential all information obtained from the Buyer in placing an order and in the course of the contract. Superdrug Opticians will not disclose any of that information to any third party without the prior written consent of the Buyer, except to such persons and to such extent as may be necessary for the proper performance of the contract or compliance with any other legal obligation. Superdrug Opticians will not use any of that information, without the prior written consent of the Buyer, otherwise than for the purposes of the contract.

34. TERMINATION:

Either Party may terminate the contract by giving written notice to the other Party with immediate effect, if the other Party is in breach of these Terms and Conditions and either: (a) the other Party has not corrected the breach to the satisfaction of the first-mentioned Party within 30 days, or such other reasonable period as may be specified by the first-mentioned Party, after service of written notice specifying the breach and requiring it to be corrected within that time; or (b) the breach is not capable of being corrected or is in law a fundamental breach of the contract.

35. NOTICES:

Any written notice or notification to given between the Parties under these Terms and Conditions may be delivered by hand or sent by pre-paid first class post or by facsimile transmission or electronic mail. It will be treated as given on the day when the Party concerned delivers it by hand, posts it, or sends it by fax to the correct fax number of the other Party or by email to the correct email address of the other Party.

36. VARIATION:

These Terms and Conditions will not be varied unless the variation is agreed by both Parties. So far as possible, any variation will be set out or confirmed in writing between the Parties.

37. THIRD PARTIES:

No person other than Superdrug Opticians and the Buyer has any right to enforce the Contract under the provisions of the Contracts (Rights of Third Parties) Act 1999.

38. CONSUMER PROTECTION LAW:

Superdrug Opticians intends these Terms and Conditions to comply with all applicable provisions of the law relating to the Sale of Goods and Consumer Protection, including in particular the Sale of Goods Act 1979, the Sale and Supply of Goods Act 1994, the Unfair Contract Terms Act 1977, the Consumer Protection (Distance Selling) Regulations 2000, the Sale and Supply of Goods to Consumers Regulations 2002, and the Unfair Terms in Consumer Contracts Regulations 1999. If any provision of these Terms and Conditions is inconsistent with any applicable provisions of law, the rights given to the Buyer under those provisions of law will override the provision in these Terms and Conditions.

39. AMENDING THE TERMS OF CONTRACT:

If any provision in these Terms and Conditions is declared by any court or other competent authority to be void, illegal or otherwise unenforceable, the Parties may amend that provision in a reasonable manner to achieve the original intention of the Parties without any illegality. Alternatively, at the discretion of Superdrug Opticians, any such provision may be removed from these Terms and Conditions and the remaining provisions will remain in full force and effect.

40. APPLICABLE LAW:

The contract will be treated as made in England and Wales. It will be governed by English law and any legal claim arising from it may be made in the Courts of England and Wales.

41. COMPLAINTS:

The Buyer may make any complaint to Superdrug Opticians concerning the performance of the contract by writing to Superdrug Opticians at its business address, Superdrug Opticians.com, Lockwoods Yard, The Grove, Westgate-on-Sea, Kent CT8 8AS; or by fax to +44-(0)1843 833247 or email via our Contact Us page.